Question

Which of the following cases held that the right to privacy is a fundamental right under Article 21 of the Constitution?

• A. Maneka Gandhi v. Union of India
• B. Justice K.S. Puttaswamy v. Union of India
• C. Kharak Singh v. State of Uttar Pradesh
• D. Govind v. State of Madhya Pradesh

Hint:

Puttaswamy (2017) is the landmark, definitive judgment on the Right to Privacy. It settled the debate and unanimously declared privacy to be a fundamental right intrinsic to Article 21.

Answer 1

The Correct Option is B

While earlier cases like Kharak Singh and Govind had discussed the right to privacy with differing conclusions, the definitive and authoritative ruling came from the nine-judge Constitution Bench of the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). The court unanimously held that the Right to Privacy is a fundamental right, protected as an intrinsic part of the Right to Life and Personal Liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. This landmark judgment overruled the earlier decisions that had held otherwise and firmly established privacy as a fundamental right in India.